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Employment Law

Who is the harasser? Supervisor or co-Worker status matters

11/01/2007

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior …

Will the EEOC audit your Internet and campus hiring practices?

10/09/2007

Unless you take great care to document how you use Internet and university job sites, you may find yourself spending quality time with an EEOC auditor.

Is it time to stop tracking employees’ vacation time?

10/09/2007

Plenty of companies use paid time off banks in lieu of rigid leave plans that designate a specific number of days for vacation, sick and personal time off. Now newer leave plans are going even further, doing away with the concept of tracking leave time altogether. Weigh the pros and cons when deciding whether unlimited leave is right for your organization.

Supreme Court to hear important employment law case

10/02/2007

In a term that will be dominated by cases concerning Guantanamo detainees and the power of the Executive branch, the U.S. Supreme Court will also hear an important case involving employment discrimination.

NC employees can win bigger windfall in harassment suits

10/01/2007

In North Carolina, it’s not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it …

Pay correct, timely wages in NC or risk double damages

10/01/2007

North Carolina’s Wage and Hour Act says that if you fail to pay workers what they’re due, they can sue for those unpaid (or late) wages, plus a penalty of double what was due. Your only defense to double damages: proof that you acted in good faith and reasonably—a tough task …

Citigroup to pay $15 million for misleading retirement pitch

10/01/2007

The National Association of Securities Dealers (NASD) fined Citigroup Global Markets Inc. $3 million to settle charges of using misleading sales materials during retirement seminars for BellSouth employees in North Carolina and South Carolina. NASD also ordered Citigroup to pay $12.2 million in restitution, and it suspended three brokers who conducted the seminars …

To avoid safety violations, know NC’s top targets

10/01/2007

Last year, the North Carolina Department of Labor’s Occupational Safety and Health Division found more than 9,000 serious violations at nearly 5,000 workplaces. Here are the 10 most frequently cited serious violations in private-sector general industry, followed by the specific OSHA standard …

How to provide religious accommodations in NC workplaces

10/01/2007

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

You can pro-Rate bonuses based on FMLA leave time

10/01/2007

Does your organization offer a bonus plan that rewards workers for their productivity? If so, be sure to avoid a surprisingly common mistake that’s tripped up many Indiana employers: incorrectly structuring the bonus plan—or making deductions from bonuses—in a way that violates the FMLA. A new Indiana court ruling shows how an organization can legally pro-rate an employee’s bonus …